Civil Compensation To The Difficult Position Of The Death Penalty Cases And Its Legal Countermeasures Research

The tort liability in civil liability and the death penalty in criminal liability are important theoretical propositions in their respective fields. However, there are few systematic researches into the interrelationships and the processing mechanisms between civil tort liability and criminal liability. There is no doubt that the right to life, as the carrier of all rights and interests, is a fundamental human right in the modern civilized country ruled by law. The execution manner of death penalty is to deprive the living rights of the criminals. In all types of penalties, the death penalty can bring the most severe damage, and the consequences of the execution are irreversible and irreparable. Since modern times, limiting the application of the death penalty to cherish and protect the right to life has become the common pursuit of and committed to achieving the goals of the different jurisdictions country. At present, there are fifty-five accusations can be sentenced to death, nearly half of which focused on a class of endangering public safety crime and violation of citizens’ personal and democratic rights crime. In general, once these two types of crimes consummated, there are usually directly vulnerable groups or individuals. Therefore, the trial of such cases in practice Metropolitan encountered the issue of civil compensation for victims.In terms of the present actual situation, our society is in a transitional period. The social contradictions are prominent; various ideologies collide fiercely,; the old values, behavior patterns are influenced. And the new values and rules of conduct have not been established. People from different regions, classes and cultural backgrounds have very different views on a variety of social problems. People are in a stage where they have not quite clear expectations and evaluations on the different behaviors. Therefore, we cannot restrict the death penalty under our productive, political and cultural conditions. Strengthening civil compensation to victims of criminal cases, structuring a reasonable victim relief program and promoting criminal reconciliation can control the application of the death penalty in the cases. This method is a rational practice.Nevertheless, when summarizing the specific facts scattered in all of the cases, it is not difficult to find the civil liability issues from the offender to the victims are to be undertaken when involving the death penalty applicable cases. Facing the predicament of theory, judicial practice and social effects, the judges are confronted with great pressure and challenges in dealing with these types of cases. First of all, theoretically, the impact of the civil compensation on the application of the death penalty is uncertain. Procedurally, since the lawsuit mode in China’s judicial practice penalty with civil litigation, it is contrary to the traditional theory of entities associated theory" and "program convenience theory " if too much emphasis put on civil liability for the pursuit of a good social effect. Second, in terms of the judicial practice, the relationship between the prosecutorial staff in the criminal proceedings, the perpetrators and victims of multi-party litigation status is not as clear as single civil action. The victim may have homomorphism revenge from civil soothing relief demands criminal trial facing death penalty cases, the civil liability issue is difficult to grasp the delicate balance, so most of them have serious afraid of difficulties and concerns. Besides, the function of the criminal reconciliation procedures is weakened by the narrow-extended and low-standard civil compensation. What’s more, in terms of the social effects, death penalty cases often have much social influence and high interest; the verdict will be at the same time evaluated by a variety of values. On the one hand, the judgment may result in "Case cannot close", On the other hand, the judge met may be commented " buying life with money" "Lives are different", and even lead to the doubts of the public on the course of the justice, thus it is more difficult to achieve the unity of the legal and social effects.Concerning the reality of the plight of the civil damages in the death penalty cases in China and reference to dealing with such situations abroad, we can find that most of the solutions for this legal dilemma will focus on the criminal reconciliation and victim compensation mechanism. Under the guidance of the two legal measures, it is of great benefit to find an effective protection of the interests of the victim, having the offenders return to society, and at the same time to achieve the balance of the legal and social effects of the theoretical ideas. This article elaborating in the following four parts:the first part is mainly to clarify the general theory of civil liability in the death penalty cases; the second part focuses on our judicial practice involving the issue of compensation in the civil status of the application of the death penalty cases and the difficulties; the third part focuses on the relationship between the application of the death penalty and civil liability; Finally, the fourth part of the research envisages primary legal countermeasures on this issue.